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The unwarranted decision of the Supreme Court in the public school
cases is now bearing the fruit always produced when men substitute naked power
for established law.
The Founding Fathers gave us a Constitution of checks and balances
because they realized the inescapable lesson of history that no man or group of
men can be safely entrusted with unlimited power. They framed this
Constitution with its provisions for change by amendment in order to secure the
fundamentals of government against the dangers of temporary popular passion or
the personal predilections of public office holders.
We regard the decision of the Supreme Court in the school
cases is now bearing the fruit always produced when men substitute naked power
for established law.
The Founding Fathers gave us a constitution of checks and balances
because they realized the inescapable lesson of history that no man or group of
men can be safely entrusted with unlimited power. They framed this
Constitution with its provisions for change by amendment in order to secure the
fundamentals of government against the dangers of temporary popular passion or
the personal predilections of public office holders.
We regard the decision of the Supreme Court in the school cases as a
clear abuse of judicial power. It climaxes a trend in the Federal Judiciary
undertaking to legislate, in derogation of the authority of Congress, and to
encroach upon the reserved rights of the States and the people.
The original Constitution does not mention education. Neither does the
Fourteenth Amendment nor any other Amendment. The debates preceding the s
ubmission of the Fourteenth Amendment clearly show that there was no intent
that it should affect the systems of education maintained by the States.
The very Congress which proposed the Amendment subsequently
provided for segregated schools in the District of Columbia.
When the Amendment was adopted in 1868, there were 37 States of the
Union. Every one of the 26 States that had any substantial racial differences
among its people either approved the operation of segregated schools already in
existence or subsequently established such schools by action of the same
lawmaking body which considered the Fourteenth Amendment.
As admitted by the Supreme Court in the public school case (Brown v.
Board of Education), the doctrine of separate but equal schools "apparently-
originated in Roberts v. City of Boston . . . (1849), upholding school
segregation against attack as being violative of a State constitutional guarantee
of equality. " This constitutional doctrine began in the North--not in the South,

The unwarranted decision of the Supreme Court in the public school
cases is now bearing the fruit always produced when men substitute naked power
for established law.
The Founding Fathers gave us a Constitution of checks and balances
because they realized the inescapable lesson of history that no man or group of
men can be safely entrusted with unlimited power. They framed this
Constitution with its provisions for change by amendment in order to secure the
fundamentals of government against the dangers of temporary popular passion or
the personal predilections of public office holders.
We regard the decision of the Supreme Court in the school
cases is now bearing the fruit always produced when men substitute naked power
for established law.
The Founding Fathers gave us a constitution of checks and balances
because they realized the inescapable lesson of history that no man or group of
men can be safely entrusted with unlimited power. They framed this
Constitution with its provisions for change by amendment in order to secure the
fundamentals of government against the dangers of temporary popular passion or
the personal predilections of public office holders.
We regard the decision of the Supreme Court in the school cases as a
clear abuse of judicial power. It climaxes a trend in the Federal Judiciary
undertaking to legislate, in derogation of the authority of Congress, and to
encroach upon the reserved rights of the States and the people.
The original Constitution does not mention education. Neither does the
Fourteenth Amendment nor any other Amendment. The debates preceding the s
ubmission of the Fourteenth Amendment clearly show that there was no intent
that it should affect the systems of education maintained by the States.
The very Congress which proposed the Amendment subsequently
provided for segregated schools in the District of Columbia.
When the Amendment was adopted in 1868, there were 37 States of the
Union. Every one of the 26 States that had any substantial racial differences
among its people either approved the operation of segregated schools already in
existence or subsequently established such schools by action of the same
lawmaking body which considered the Fourteenth Amendment.
As admitted by the Supreme Court in the public school case (Brown v.
Board of Education), the doctrine of separate but equal schools "apparently-
originated in Roberts v. City of Boston . . . (1849), upholding school
segregation against attack as being violative of a State constitutional guarantee
of equality. " This constitutional doctrine began in the North--not in the South,